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202503267
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Last modified
6/17/2025 3:45:06 PM
Creation date
6/17/2025 3:45:06 PM
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DEEDS
Inst Number
202503267
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202503267 <br />Grantee a construction and maintenance easement across the Grantor Property as <br />follows: <br />1. Grant of Easement. Grantor does hereby convey to Grantee, its respective <br />successors and assigns, a perpetual construction and maintenance easement across <br />the Grantor Property to allow the Grantee to construct, install, and maintain <br />improvements on the Grantor Property. The improvements to be constructed on the <br />Grantor Property pursuant to this Easement include a monument sign, a water feature, <br />a water well, and an irrigation system for portions of the Grantor Property. The <br />monument sign shall be placed on the existing stone wall and the water feature shall be <br />placed in the pond. The existing stone wall and the pond were previously constructed <br />on the Grantor Property by the Grantee. The water well and irrigation system shall be <br />installed in such locations as are reasonably selected by Grantee. Grantee shall also <br />have the right to enter the Grantor Property in order to construct, maintain, reconstruct, <br />repair, replace, improve, and remove the foregoing improvements. The parties <br />acknowledge and agree that, in order to maintain the standards of the Prairie Commons <br />Subdivision over time, the Grantee may request additional improvements to be made to <br />the Grantor Property and Grantor retains the right, in the Grantor's sole discretion, to <br />provide its written consent to any such proposed additional improvements. The Grantor <br />and Grantee may, but are not required to, file a memorandum in the Hall County <br />Register of Deeds Office setting forth the relevant terms of any such additional <br />improvements to be made to the Grantor Property to provide record notice of the same. <br />2. Easement. The Easement shall permit Grantee, its contractors and <br />subcontractors, and their equipment, to enter upon and have access to the Grantor <br />Property for the purpose of performing construction work, maintenance work, and all <br />other work reasonably related to the Easement. <br />3. Binding Effect. This Easement shall be appurtenant to and run with the <br />Grantor Property. The grant of this Easement shall also be binding upon the heirs, <br />executors, administrators, successors and assigns of Grantor and Grantee herein <br />during the term hereof. <br />4. Maintenance. Grantee shall maintain and keep in good repair the <br />improvements during the term of this Easement. Grantee shall also mow and maintain <br />the irrigated portion of the Grantor Property. <br />5. Restoration. Grantee shall promptly restore or cause to be restored the <br />surface of any portion of the Grantor Property that was disturbed by Grantee's <br />construction activities thereon. Such restoration shall be performed in a workmanlike <br />manner and solely at the cost and expense of the Grantee. <br />6. Liability. The sole rights granted herein are the rights to use the Grantor <br />Property for the purposes described herein, and each party shall be liable to the other <br />party for any damage caused by the use of the Grantor Property by them or their <br />employees, invitees, agents, contractors, subcontractors, successors or assigns, <br />contrary to the terms of this Easement. <br />-2 <br />
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